Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter II
97. Issue of process
Official textFrom Attorney General's Chambers, unchanged
If in the opiilion of a Syar'ie Judge taking cognisance of an offence there is sufficient ground for proceeding and the case appears to be a summons case, the Syar'ie Judge shall issue a summons for the attendance of the accused.
Syar'ie Judge
"Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act;
If the case appears to be a warrant case, the Syar'ie Judge may issue a warrant or, if he thinks fit. a summons for causing the accused to be
warrant case
"warrant case" means a case relating to an offence punishable with hadd, qi.tas or imprisonment for a term exceeding one year;
Syariah Cozrrts
Criminal Procedure Code
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brought or to appear at a certain time before himself or some other Syarqie
Judge having jurisdiction.
Judge
"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
Nothing in this section is deemed to affect the provisions of section 48.
Personal attendance of accused may be dispensed with 98.
Whenever a Syar'ie Judge issues a summons, he may, if he sees reason to do so, dispense with the personal attendance of the accused.
The Syar'ie Judge inquiring into or trying the case may, in his discretion, at any stage of the proceedings direct the personal attendance of the accused, and if necessary enforce such attendance in such manner provided under this Code.
Terms defined in s 2
Judge
Defined · s 2"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
offence
Defined · s 2"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
summons case
Defined · s 2"summons case" means a case relating to an offence not being a warrant case;
Syar'ie Judge
Defined · s 2"Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act;
warrant case
Defined · s 2"warrant case" means a case relating to an offence punishable with hadd, qi.tas or imprisonment for a term exceeding one year;
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